Joseph v. Bautista

SECOND DIVISION
[G.R. No. L-41423. February 23, 1989.]

LUIS JOSEPH, petitioner, vs. HON. CRISPIN V. BAUTISTA,
PATROCINIO PEREZ, ANTONIO SIOSON, JACINTO PAGARIGAN,
ALBERTO CARDENO and LAZARO VILLANUEVA, respondents.
Jose M . Castillo for petitioner.

Arturo Z. Sioson for private respondent, Patrocinio Perez.
Cipriano B. Farrales for private respondents except P. Perez.
SYLLABUS
1. REMEDIAL LAW; COMPLAINT; "CAUSE OF ACTION", CONSTRUED. A cause of
action is understood to be the delict or wrongful act or omission committed by the
defendant in violation of the primary rights of the plaintiff. It is true that a single act
or omission can be violative of various rights at the same time, as when the act
constitutes juridically a violation of several separate and distinct legal obligations.
However, where there is only one delict or wrong, there is but a single cause of
action regardless of the number of rights that may have been violated belonging to
one person. The singleness of a cause of action lies in the singleness of the delict or
wrong violating the rights of one person. Nevertheless, if only one injury resulted
from several wrongful acts only one cause of action arises.
2. ID.; ID.; ID.; RECOVERY OF PARTY UNDER ONE REMEDY, BARS RECOVERY
UNDER THE OTHER. The trial court was, therefore, correct in holding that there
was only one cause of action involved although the bases of recovery invoked by
petitioner against the defendants therein were not necessarily identical since the
respondents were not identically circumstanced. However, a recovery by the
petitioner under one remedy necessarily bars recovery under the other. This, in
essence, is the rationale for the proscription in our law against double recovery for
the same act or omission which, obviously, stems from the fundamental rule
against unjust enrichment.
3. CIVIL LAW; SOLIDARY OBLIGATIONS; PAYMENT OF ONE DEBTOR RELEASES THE
OTHER DEBTORS FROM LIABILITY. The respondents having been found to be
solidarily liable to petitioner, the full payment made by some of the solidary debtors
and their subsequent release from any and all liability to petitioner inevitably
resulted in the extinguishment and release from liability of the other solidary
debtors, including herein respondent Patrocinio Perez.
DECISION
REGALADO, J .:
Petitioner prays in this appeal by certiorari for the annulment and setting aside of
the order, dated July 8, 1975, dismissing petitioner's complaint, as well as the order,
dated August 22, 1975, denying his motion for reconsideration of said dismissal,
both issued by respondent Judge Crispin V. Bautista of the former Court of First
Instance of Bulacan, Branch III.
Petitioner herein is the plainti in Civil Case No. 50-V-73 entitled "Luis Joseph vs.
Patrocinio Perez, Domingo Villa y de Jesus, Rosario Vargas, Antonio Sioson, Lazaro
Villanueva and Jacinto Pagarigan", led before the Court of First Instance of
Bulacan, Branch III, and presided over by respondent Judge Crispin V. Bautista;
while private respondents Patrocinio Perez, Antonio Sioson, Jacinto Pagarigan and
Lazaro Villanueva are four of the defendants in said case. Defendant Domingo Villa y
de Jesus did not answer either the original or the amended complaint, while
defendant Rosario Vargas could not be served with summons; and respondent
Alberto Cardeno is included herein as he was impleaded by defendant Patrocinio
Perez, one of respondents herein, in her cross-claim.
The generative facts of this case, as culled from the written submission of the
parties, are as follows:
Cdpr
Respondent Patrocinio Perez is the owner of a cargo truck with Plate No. 25-2 YT
Phil. '73 for conveying cargoes and passengers for a consideration from Dagupan
City to Manila. On January 12, 1973, said cargo truck driven by defendant Domingo
Villa was on its way to Valenzuela, Bulacan from Pangasinan. Petitioner, with a
cargo of livestock, boarded the cargo truck at Dagupan City after paying the sum of
P9.00 as one-way fare to Valenzuela, Bulacan. While said cargo truck was
negotiating the National Highway proceeding towards Manila, defendant Domingo
Villa tried to overtake a tricycle likewise proceeding in the same direction. At about
the same time, a pick-up truck with Plate No. 45-95 B, supposedly owned by
respondents Antonio Sioson and Jacinto Pagarigan, then driven by respondent
Lazaro Villanueva, tried to overtake the cargo truck which was then in the process of
overtaking the tricycle, thereby forcing the cargo truck to veer towards the shoulder
of the road and to ram a mango tree. As a result, petitioner sustained a bone
fracture in one of his legs. 1
The following proceedings thereafter took place:
Petitioner led a complaint for damages against respondent Patrocinio Perez, as

owner of the cargo truck, based on a breach of contract of carriage and against
respondents Antonio Sioson and Lazaro Villanueva, as owner and driver,
respectively, of the pick-up truck, based on quasi-delict.
Respondent Sioson led his answer alleging that he is not and never was an owner
of the pick-up truck and neither would he acquire ownership thereof in the future.
On September 24, 1973, petitioner, with prior leave of court, led his amended
complaint impleading respondents Jacinto Pazarigan and a certain Rosario Vargas as
additional alternative defendants. Petitioner apparently could not ascertain who the
real owner of said cargo truck was, whether respondents Patrocinio Perez or Rosario
Vargas, and who was the real owner of said pick-up truck, whether respondents
Antonio Sioson or Jacinto Pagarigan.
Respondent Perez led her amended answer with cross-claim against her codefendants for indemnity and subrogation in the event she is ordered to pay
petitioner's claim, and therein impleaded cross-defendant Alberto Cardeno as
additional alternative defendant.
On September 27, 1974, respondents Lazaro Villanueva, Alberto Cardeno, Antonio
Sioson and Jacinto Pagarigan, thru their insurer, Insurance Corporation of the
Philippines, paid petitioner's claim for injuries sustained in the amount of
P1,300.00. By reason thereof, petitioner executed a release of claim releasing from
liability the following parties, viz: Insurance Corporation of the Philippines, Alberto
Cardeno, Lazaro Villanueva, Antonio Sioson and Jacinto Pagarigan.
On December 2, 1974, respondents Lazaro Villanueva, Alberto Cardeno and their
insurer, the Insurance Corporation of the Philippines, paid respondent Patrocinio
Perez' claim for damages to her cargo truck in the amount of P7,420.61.
dctai
Consequently, respondents Sioson, Pagarigan, Cardeno and Villanueva led a

"Motion to Exonerate and Exclude Defs./Cross defs. Alberto Cardeno, Lazaro
Villanueva, Antonio Sioson and Jacinto Pagarigan on the Instant Case", alleging that
respondents Cardeno and Villanueva already paid P7,420.61 by way of damages to
respondent Perez, and alleging further that respondents Cardeno, Villanueva, Sioson
and Pagarigan paid P1,300.00 to petitioner by way of amicable settlement.
Thereafter, respondent Perez led her "Opposition to Crossdefs.' motion dated Dec.
2, 1974 and Counter Motion" to dismiss. The so-called counter motion to dismiss
was premised on the fact that the release of claim executed by petitioner in favor of
the other respondents inured to the benet of respondent Perez, considering that all
the respondents are solidarity liable to herein petitioner.
LLpr
On July 8, 1975, respondent judge issued the questioned order dismissing the case,
and a motion for the reconsideration thereof was denied. Hence, this appeal,
petitioner contending that respondent judge erred in declaring that the release of
claim executed by petitioner in favor of respondents Sioson, Villanueva and
Pagarigan inured to the benet of respondent Perez; ergo, it likewise erred in
dismissing the case.
We find the present recourse devoid of merit.
The argument that there are two causes of action embodied in petitioner's
complaint, hence the judgment on the compromise agreement under the cause of
action based on quasi-delict is not a bar to the cause of action for breach of contract
of carriage, is untenable.
A cause of action is understood to be the delict or wrongful act or omission
committed by the defendant in violation of the primary rights of the plainti. 3 It is

true that a single act or omission can be violative of various rights at the same time,
as when the act constitutes juridically a violation of several separate and distinct
legal obligations. However, where there is only one delict or wrong, there is but a
single cause of action regardless of the number of rights that may have been
violated belonging to one person. 4
The singleness of a cause of action lies in the singleness of the delict or wrong
violating the rights of one person. Nevertheless, if only one injury resulted from
several wrongful acts only one cause of action arises. 5 In the case at bar, there is no
question that the petitioner sustained a single injury on his person. That vested in
him a single cause of action, albeit with the correlative rights of action against the
different respondents through the appropriate remedies allowed by law.
The trial court was, therefore, correct in holding that there was only one cause of
action involved although the bases of recovery invoked by petitioner against the
defendants therein were not necessarily identical since the respondents were not
identically circumstanced. However, a recovery by the petitioner under one remedy
necessarily bars recovery under the other. This, in essence, is the rationale for the
proscription in our law against double recovery for the same act or omission which,
obviously, stems from the fundamental rule against unjust enrichment.
There is no question that the respondents herein are solidarily liable to petitioner.
On the evidence presented in the court below, the trial court found them to be so
liable. It is undisputed that petitioner, in his amended complaint, prayed that the
trial court hold respondents jointly and severally liable. Furthermore, the allegations
in the amended complaint clearly impleaded respondents as solidary debtors. We
cannot accept the vacuous contention of petitioner that said allegations are
intended to apply only in the event that execution be issued in his favor. There is
nothing in law or jurisprudence which would countenance such a procedure.
Cdpr
The respondents having been found to be solidarily liable to petitioner, the full
payment made by some of the solidary debtors and their subsequent release from
any and all liability to petitioner inevitably resulted in the extinguishment and
release from liability of the other solidary debtors, including herein respondent
Patrocinio Perez.
The claim that there was an agreement entered into between the parties during the
pre-trial conference that, after such payment made by the other respondents, the
case shall proceed as against respondent Perez is both incredible and
unsubstantiated. There is nothing in the records to show, either by way of pre-trial
order, minutes or a transcript of the notes of the alleged pre-trial hearing, that there
was indeed such an agreement.
WHEREFORE, the challenged orders of the respondent judge are hereby AFFIRMED.
SO ORDERED.
Melencio-Herrera, C .J ., Paras, Padilla, and Sarmiento, JJ ., concur.

Footnotes
1. Rollo, 5-7, 24-26.

2. Ibid., 6-9, 26-27; Petition's Brief, 2.
3. Racoma vs. Fortich, et al., 39 SCRA 520 (1971).
4. I Moran, 1979 Ed., 129-130.
5. Op. cit., id., 132, 136.

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SECOND DIVISION

[G.R. No. L-41423. February 23, 1989.]

Jose M . Castillo for petitioner.

Petitioner led a complaint for damages against respondent Patrocinio Perez, as

Consequently, respondents Sioson, Pagarigan, Cardeno and Villanueva led a

committed by the defendant in violation of the primary rights of the plainti. 3 It is

Melencio-Herrera, C .J ., Paras, Padilla, and Sarmiento, JJ ., concur.

1. Rollo, 5-7, 24-26.

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